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(영문) 대구지방법원 2013.08.08 2013고단2796
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2012, the Defendant received a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on March 12, 2012, and on October 31, 2012, the Defendant received a summary order of 5 million won or more due to a violation of the Road Traffic Act.

1. Around 18:30 on February 28, 2013, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving the B Poter truck under the influence of alcohol of 0.237%, without obtaining a driver’s license, from a cafeteria located in the mutual unclaimed cafeteria located in the Gyeongyang-Eup located in the Gyeongyang-si, Gyeongyang-si, Busan Metropolitan City to a village hall located in the Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, Gyeongyang-do, and without obtaining a driver’s license.

2. The defendant is a person engaged in driving a freight vehicle B in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On February 28, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.237% in blood alcohol concentration around 18:30 on February 28, 2013, and led the Defendant to proceed to the direction of the village community center in the direction of 1st century in the direction of 2nd century in the exchange.

Since the width of a road is narrow, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, when the defendant drives a vehicle in a state where normal driving is difficult due to influence of drinking, such as a very long-distance and highly red, the defendant was faced with the right shoulder part of the victim C(W, 62 years old) who walked in the direction of 2 leverth in the direction of the center center at the center at the center at the center at the center at the center at the center at the center.

As a result, the Defendant suffered from the victim’s above occupational negligence on the right-hand sponsor and salt sponsor, which requires treatment for about two weeks.

Summary of Evidence

1. The defendant;

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